Testimony Continues in Trial For Man Charged in Broad-Daylight Central Avenue Gunfight

central-street-gun-battle

A second day of testimony is complete in the trial of a man accused in a broad daylight gunfight in the 400 block of South Central Avenue in May.

27-year-old Timothy Leture Chew is accused of Attempted Murder, and Going Armed With Intent in what authorities called an “exchange of gunfire” with 35-year-0ld AJ Smith on May 10th. The trial started off with a warning from Judge Mark Kruse to those watching the trial that security had been tightened, and he expected total silence and attention.

Prosecutors started the morning off by calling the first officer to respond to the incident, Kenneth Zahner, to the stand. He described the scene when he arrived and body-cam video was shown of the initial police response. In the video Chew could be seen pacing in front of the home at 410 South Central while holding the AK-47 pistol. Chew was cooperating with officers as he dropped the weapon and laid on the ground. As Officer Zahner attempted to handcuff Chew, Smith was seen leaving a house and kicking Chew as he laid on the ground.

Several witnesses who were in the area at the time of the shooting testified, including an emotional mother, whose kids were in the car with her as she witnessed Chew walking across the street with what she described as a “machine gun” firing shots.

Tensions rose among some witnesses during cross examination with Chew’s defense attorney, Keokuk-based Curtis Dial, who routinely sought clarifications from previous depositions. Dial asked Burlington Police Officer Derreck Schwandt about interviews with AJ Smith, where Schwandt said Smith had admitted to routinely carrying a weapon and being an “enforcer” in what Dial referred to as a street gang known as the “Lil’ Mo’s.” Dial also asked if Smith had admitted to killing someone in Chicago during the interview, Schwandt said he did, and appeared to be relieved to be telling someone. During Smith’s testimony on Tuesday he adamantly denied ever making such an admission.

Detectives Eric Short and Melissa Moret testified to the evidence in the case, with the gun being exhibited to the jury, and the magazines which Short says were taped together in a “tactical reload” style, which he says enables quick 3-5 second reloads in a gun-fight. Morret said in total 46 shots were fired in the exchange, with 38 of those coming from Chew’s 7.62 mm AK-style pistol, and 8 rounds coming from a .45 caliber handgun that Smith admitted to “throwing in the river” during his testimony Tuesday.

The trial is set to continue Thursday morning.

Editor’s Note: A previous version of this story included the name of one of the witnesses in the case. While KBUR typically does not withhold names used in a criminal case, after a long examination of the news value of the name itself combined with the high security situation present at the Des Moines County Courthouse and we have decided to remove the name.